Legally validating a debt

10-Apr-2020 12:12

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Your case manager will then get together with a credit expert in the analytics department to update your file and determine if any “next steps” are needed to take, ultimately working toward a brighter and healthier financial future.If the police officer disobeys the required procedures and protocols, a lawyer can use these breaches, inaccuracies, and flaws to get the speeding ticket dismissed; even though in reality you may have been speeding.If you have been contacted by a debt collector then you should know that you have a right to dispute the validity of the debt.The burden of proof is on the debt collector not you.You'd be surprised how often a collection agency cannot validate a debt and therefore cannot legally enforce collections. (c) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. It means that you have a right to dispute the debt, but not doing so also gives the collector the right to assume the debt is valid.Here are four questions posed to legal counsel at the Federal Trade Commission which are important enough to include here: 1) "Is it permissible under the Fair Debt Collection Practices Act for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g? As stated in the Commission's Staff Commentary on the Fair Debt Collections Act, a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under 1692g.In situations such as this, while the consumer is still legally obligated to pay the debt, the third party debt collector who was unable to verify the debt often ceases attempting to collect the debt.Credit reports need to illustrate accurate and verifiable information.

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Although the Fair Debt Collection Practices Act is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls.

If you do not dispute the debt, then the collector can continue dunning you and requesting that you pay.

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